WAC 392-190-065

Each school district must establish a discrimination complaint procedure that includes the following requirements:

(1) Receiving a complaint.

(a) Anyone may file a complaint with a school district alleging that the district has violated this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005. The complaint must be written and describe the specific acts, conditions, or circumstances alleged to violate this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005.

(b) A school district may establish a complaint filing deadline. The filing deadline must be no less than one year after the specific act, condition, or circumstance that is the subject matter of the complaint. A complaint filing deadline may not be imposed if the complainant was prevented from filing a complaint due to:

(i) Specific misrepresentations by the school district that it had resolved the problem forming the basis of the complaint; or

(ii) Withholding of information by the school district that was required to be provided under this chapter.

(c) Complaints may be submitted by mail, fax, email, or hand delivery to any district or school administrator or to the civil rights coordinator designated under WAC 392-190-060. Any district or school administrator who receives a complaint that alleges a violation of this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, must promptly notify the civil rights coordinator designated under WAC 392-190-060.

(d) Upon receipt of the complaint, the civil rights coordinator designated under WAC 392-190-060 must provide the complainant a copy of the school district's discrimination complaint procedure in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(2) Investigation.

(a) Upon receipt of a complaint, the civil rights coordinator designated under WAC 392-190-060 must ensure that the school district conducts a prompt, thorough, and impartial investigation into the allegations in the complaint.

(b) The school district must complete the investigation and respond to the complainant in writing within 30 calendar days after the district received the complaint. A school district may extend the investigation and response timeline if:

(i) The complainant agrees to an extension; or

(ii) Exceptional circumstances related to the complaint require an extension of the timeline. If an extension is needed, the school district must promptly notify the complainant in writing of the reasons for the extension and the anticipated response date. This notice must be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(c) Following the completion of the investigation, the civil rights coordinator must provide the school district superintendent or the superintendent's designee with a full written report of the complaint and the results of the investigation.

(3) Written response to complainant.

(a) The district superintendent or their designee must respond in writing to the complainant within the timeline established under subsection (2)(b) of this section. The written response of the school district superintendent or their designee must include:

(i) A summary of the results of the investigation;

(ii) A determination regarding whether a preponderance of the evidence shows that the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005;

(iii) Notice of the complainant's right to appeal under WAC 392-190-070, including the email and address where the complainant may file the appeal, the name of the party or board that will decide the appeal, and any established filing deadline; and

(iv) If the school district has failed to comply with this chapter, including as interpreted in the guidelines adopted under WAC 392-190-005, the corrective measures deemed necessary to correct the noncompliance. Any corrective measures must be instituted as expeditiously as possible but no later than 30 calendar days after the school district's written response to the complainant, unless otherwise agreed to by the complainant.

(b) The school district's written response to the complainant must be in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(c) At the time the school district superintendent responds to the complainant, the school district must send a copy of the response to OSPI.

(4) Informal resolution.

(a) The complainant and the school district may agree to resolve the complaint in lieu of an investigation. If the complaint is resolved to the satisfaction of the parties involved, no further action is necessary under this section.

(b) Nothing in this section prohibits a school district from adopting a separate procedure to resolve informal (i.e., verbal) complaints or allegations. An informal complaint procedure must not limit a complainant's right to file a formal complaint under this section. When utilizing an informal complaint procedure, a school district must notify complainants about their right to file a formal complaint under this section. The school district must provide this notice in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

(5) Failure to respond.

(a) If a school district fails to comply with the procedures in this section such that the complainant is denied a timely written response, the complainant may file a complaint with OSPI. In lieu of opening an investigation, OSPI may direct the school district to complete the investigation and respond consistent with subsections (2) and (3) of this section.

(b) The complaint to OSPI must be in writing and include:

(i) A copy of the complaint that complainant submitted to the school district under subsection (1) of this section; and

(ii) Information about when, how, and to whom the complaint was submitted; and

(iii) A copy of any communication between the complainant and the school district regarding the complaint response timelines.

(c) The complainant must file the complaint to OSPI within one year of their complaint to the school district. The complaint may be submitted by mail, fax, email, or hand delivery.

(6) Employment complaints. Nothing in this section is intended to modify or supersede any grievance procedure provided for in a school district collective bargaining agreement.